SB2112 Engrossed LRB093 13600 SJM 18975 b

1     AN ACT in relation to taxes.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Property Tax Code is amended by changing
5 Sections 15-170, 15-172, 15-175, and 15-180 as follows:
 
6     (35 ILCS 200/15-170)
7     Sec. 15-170. Senior Citizens Homestead Exemption. An
8 annual homestead exemption limited, except as described here
9 with relation to cooperatives or life care facilities, to a
10 maximum reduction set forth below from the property's value, as
11 equalized or assessed by the Department, is granted for
12 property that is occupied as a residence by a person 65 years
13 of age or older who is liable for paying real estate taxes on
14 the property and is an owner of record of the property or has a
15 legal or equitable interest therein as evidenced by a written
16 instrument, except for a leasehold interest, other than a
17 leasehold interest of land on which a single family residence
18 is located, which is occupied as a residence by a person 65
19 years or older who has an ownership interest therein, legal,
20 equitable or as a lessee, and on which he or she is liable for
21 the payment of property taxes. The maximum reduction shall be
22 $2,500 in counties with 3,000,000 or more inhabitants and
23 $2,000 in all other counties. For land improved with an
24 apartment building owned and operated as a cooperative, the
25 maximum reduction from the value of the property, as equalized
26 by the Department, shall be multiplied by the number of
27 apartments or units occupied by a person 65 years of age or
28 older who is liable, by contract with the owner or owners of
29 record, for paying property taxes on the property and is an
30 owner of record of a legal or equitable interest in the
31 cooperative apartment building, other than a leasehold
32 interest. For land improved with a life care facility, the

 

 

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1 maximum reduction from the value of the property, as equalized
2 by the Department, shall be multiplied by the number of
3 apartments or units occupied by persons 65 years of age or
4 older, irrespective of any legal, equitable, or leasehold
5 interest in the facility, who are liable, under a contract with
6 the owner or owners of record of the facility, for paying
7 property taxes on the property. In a cooperative or a life care
8 facility where a homestead exemption has been granted, the
9 cooperative association or the management firm of the
10 cooperative or facility shall credit the savings resulting from
11 that exemption only to the apportioned tax liability of the
12 owner or resident who qualified for the exemption. Any person
13 who willfully refuses to so credit the savings shall be guilty
14 of a Class B misdemeanor. Under this Section and Section
15 15-175, "life care facility" means a facility as defined in
16 Section 2 of the Life Care Facilities Act, with which the
17 applicant for the homestead exemption has a life care contract
18 as defined in that Act.
19     When a homestead exemption has been granted under this
20 Section and the person qualifying subsequently becomes a
21 resident of a facility licensed under the Nursing Home Care
22 Act, the exemption shall continue so long as the residence
23 continues to be occupied by the qualifying person's spouse if
24 the spouse is 65 years of age or older, or if the residence
25 remains unoccupied but is still owned by the person qualified
26 for the homestead exemption.
27     A person who will be 65 years of age during the current
28 assessment year shall be eligible to apply for the homestead
29 exemption during that assessment year. Application shall be
30 made during the application period in effect for the county of
31 his residence.
32     Beginning with assessment year 2003, for taxes payable in
33 2004, property that is first occupied as a residence after
34 January 1 of any assessment year by a person who is eligible
35 for the senior citizens homestead exemption under this Section
36 must be granted a pro-rata exemption for the assessment year.

 

 

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1 The amount of the pro-rata exemption is the exemption allowed
2 in the county under this Section divided by 365 and multiplied
3 by the number of days during the assessment year the property
4 is occupied as a residence by a person eligible for the
5 exemption under this Section. The chief county assessment
6 officer must adopt reasonable procedures to establish
7 eligibility for this pro-rata exemption.
8     The assessor or chief county assessment officer may
9 determine the eligibility of a life care facility to receive
10 the benefits provided by this Section, by affidavit,
11 application, visual inspection, questionnaire or other
12 reasonable methods in order to insure that the tax savings
13 resulting from the exemption are credited by the management
14 firm to the apportioned tax liability of each qualifying
15 resident. The assessor may request reasonable proof that the
16 management firm has so credited the exemption.
17     The chief county assessment officer of each county with
18 less than 3,000,000 inhabitants shall provide to each person
19 allowed a homestead exemption under this Section a form to
20 designate any other person to receive a duplicate of any notice
21 of delinquency in the payment of taxes assessed and levied
22 under this Code on the property of the person receiving the
23 exemption. The duplicate notice shall be in addition to the
24 notice required to be provided to the person receiving the
25 exemption, and shall be given in the manner required by this
26 Code. The person filing the request for the duplicate notice
27 shall pay a fee of $5 to cover administrative costs to the
28 supervisor of assessments, who shall then file the executed
29 designation with the county collector. Notwithstanding any
30 other provision of this Code to the contrary, the filing of
31 such an executed designation requires the county collector to
32 provide duplicate notices as indicated by the designation. A
33 designation may be rescinded by the person who executed such
34 designation at any time, in the manner and form required by the
35 chief county assessment officer.
36     The assessor or chief county assessment officer may

 

 

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1 determine the eligibility of residential property to receive
2 the homestead exemption provided by this Section by
3 application, visual inspection, questionnaire or other
4 reasonable methods. The determination shall be made in
5 accordance with guidelines established by the Department.
6     In all counties with less than 3,000,000 inhabitants, the
7 county board may by resolution provide that, if a person has
8 been granted a homestead exemption under this Section, the
9 person qualifying need not reapply for the exemption.
10     In counties with less than 3,000,000 inhabitants, if the
11 assessor or chief county assessment officer requires annual
12 application for verification of eligibility for an exemption
13 once granted under this Section, the application shall be
14 mailed to the taxpayer.
15     The assessor or chief county assessment officer shall
16 notify each person who qualifies for an exemption under this
17 Section that the person may also qualify for deferral of real
18 estate taxes under the Senior Citizens Real Estate Tax Deferral
19 Act. The notice shall set forth the qualifications needed for
20 deferral of real estate taxes, the address and telephone number
21 of county collector, and a statement that applications for
22 deferral of real estate taxes may be obtained from the county
23 collector.
24     Notwithstanding Sections 6 and 8 of the State Mandates Act,
25 no reimbursement by the State is required for the
26 implementation of any mandate created by this Section.
27 (Source: P.A. 92-196, eff. 1-1-02; 93-511, eff. 8-11-03.)
 
28     (35 ILCS 200/15-172)
29     Sec. 15-172. Senior Citizens Assessment Freeze Homestead
30 Exemption.
31     (a)  This Section may be cited as the Senior Citizens
32 Assessment Freeze Homestead Exemption.
33     (b)  As used in this Section:
34     "Applicant" means an individual who has filed an
35 application under this Section.

 

 

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1     "Base amount" means the base year equalized assessed value
2 of the residence plus the first year's equalized assessed value
3 of any added improvements which increased the assessed value of
4 the residence after the base year.
5     "Base year" means the taxable year prior to the taxable
6 year for which the applicant first qualifies and applies for
7 the exemption provided that in the prior taxable year the
8 property was improved with a permanent structure that was
9 occupied as a residence by the applicant who was liable for
10 paying real property taxes on the property and who was either
11 (i) an owner of record of the property or had legal or
12 equitable interest in the property as evidenced by a written
13 instrument or (ii) had a legal or equitable interest as a
14 lessee in the parcel of property that was single family
15 residence. If in any subsequent taxable year for which the
16 applicant applies and qualifies for the exemption the equalized
17 assessed value of the residence is less than the equalized
18 assessed value in the existing base year (provided that such
19 equalized assessed value is not based on an assessed value that
20 results from a temporary irregularity in the property that
21 reduces the assessed value for one or more taxable years), then
22 that subsequent taxable year shall become the base year until a
23 new base year is established under the terms of this paragraph.
24 For taxable year 1999 only, the Chief County Assessment Officer
25 shall review (i) all taxable years for which the applicant
26 applied and qualified for the exemption and (ii) the existing
27 base year. The assessment officer shall select as the new base
28 year the year with the lowest equalized assessed value. An
29 equalized assessed value that is based on an assessed value
30 that results from a temporary irregularity in the property that
31 reduces the assessed value for one or more taxable years shall
32 not be considered the lowest equalized assessed value. The
33 selected year shall be the base year for taxable year 1999 and
34 thereafter until a new base year is established under the terms
35 of this paragraph.
36     "Chief County Assessment Officer" means the County

 

 

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1 Assessor or Supervisor of Assessments of the county in which
2 the property is located.
3     "Equalized assessed value" means the assessed value as
4 equalized by the Illinois Department of Revenue.
5     "Household" means the applicant, the spouse of the
6 applicant, and all persons using the residence of the applicant
7 as their principal place of residence.
8     "Household income" means the combined income of the members
9 of a household for the calendar year preceding the taxable
10 year.
11     "Income" has the same meaning as provided in Section 3.07
12 of the Senior Citizens and Disabled Persons Property Tax Relief
13 and Pharmaceutical Assistance Act, except that, beginning in
14 assessment year 2001, "income" does not include veteran's
15 benefits.
16     "Internal Revenue Code of 1986" means the United States
17 Internal Revenue Code of 1986 or any successor law or laws
18 relating to federal income taxes in effect for the year
19 preceding the taxable year.
20     "Life care facility that qualifies as a cooperative" means
21 a facility as defined in Section 2 of the Life Care Facilities
22 Act.
23     "Residence" means the principal dwelling place and
24 appurtenant structures used for residential purposes in this
25 State occupied on January 1 of the taxable year by a household
26 and so much of the surrounding land, constituting the parcel
27 upon which the dwelling place is situated, as is used for
28 residential purposes. If the Chief County Assessment Officer
29 has established a specific legal description for a portion of
30 property constituting the residence, then that portion of
31 property shall be deemed the residence for the purposes of this
32 Section.
33     "Taxable year" means the calendar year during which ad
34 valorem property taxes payable in the next succeeding year are
35 levied.
36     (c)  Beginning in taxable year 1994, a senior citizens

 

 

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1 assessment freeze homestead exemption is granted for real
2 property that is improved with a permanent structure that is
3 occupied as a residence by an applicant who (i) is 65 years of
4 age or older during the taxable year, (ii) has a household
5 income of $35,000 or less prior to taxable year 1999, or
6 $40,000 or less in taxable years year 1999 through 2002, and
7 $45,000 or less in taxable year 2003 and thereafter, (iii) is
8 liable for paying real property taxes on the property, and (iv)
9 is an owner of record of the property or has a legal or
10 equitable interest in the property as evidenced by a written
11 instrument. This homestead exemption shall also apply to a
12 leasehold interest in a parcel of property improved with a
13 permanent structure that is a single family residence that is
14 occupied as a residence by a person who (i) is 65 years of age
15 or older during the taxable year, (ii) has a household income
16 of $35,000 or less prior to taxable year 1999, or $40,000 or
17 less in taxable years year 1999 through 2002, and $45,000 or
18 less in taxable year 2003 and thereafter, (iii) has a legal or
19 equitable ownership interest in the property as lessee, and
20 (iv) is liable for the payment of real property taxes on that
21 property.
22     The amount of this exemption shall be the equalized
23 assessed value of the residence in the taxable year for which
24 application is made minus the base amount.
25     When the applicant is a surviving spouse of an applicant
26 for a prior year for the same residence for which an exemption
27 under this Section has been granted, the base year and base
28 amount for that residence are the same as for the applicant for
29 the prior year.
30     Each year at the time the assessment books are certified to
31 the County Clerk, the Board of Review or Board of Appeals shall
32 give to the County Clerk a list of the assessed values of
33 improvements on each parcel qualifying for this exemption that
34 were added after the base year for this parcel and that
35 increased the assessed value of the property.
36     In the case of land improved with an apartment building

 

 

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1 owned and operated as a cooperative or a building that is a
2 life care facility that qualifies as a cooperative, the maximum
3 reduction from the equalized assessed value of the property is
4 limited to the sum of the reductions calculated for each unit
5 occupied as a residence by a person or persons (i) 65 years of
6 age or older, (ii) with a household income of $35,000 or less
7 prior to taxable year 1999, or $40,000 or less in taxable years
8 year 1999 through 2002, and $45,000 or less in taxable year
9 2003 and thereafter, (iii) who is liable, by contract with the
10 owner or owners of record, for paying real property taxes on
11 the property, and (iv) who is an owner of record of a legal or
12 equitable interest in the cooperative apartment building,
13 other than a leasehold interest. In the instance of a
14 cooperative where a homestead exemption has been granted under
15 this Section, the cooperative association or its management
16 firm shall credit the savings resulting from that exemption
17 only to the apportioned tax liability of the owner who
18 qualified for the exemption. Any person who willfully refuses
19 to credit that savings to an owner who qualifies for the
20 exemption is guilty of a Class B misdemeanor.
21     When a homestead exemption has been granted under this
22 Section and an applicant then becomes a resident of a facility
23 licensed under the Nursing Home Care Act, the exemption shall
24 be granted in subsequent years so long as the residence (i)
25 continues to be occupied by the qualified applicant's spouse or
26 (ii) if remaining unoccupied, is still owned by the qualified
27 applicant for the homestead exemption.
28     Beginning January 1, 1997, when an individual dies who
29 would have qualified for an exemption under this Section, and
30 the surviving spouse does not independently qualify for this
31 exemption because of age, the exemption under this Section
32 shall be granted to the surviving spouse for the taxable year
33 preceding and the taxable year of the death, provided that,
34 except for age, the surviving spouse meets all other
35 qualifications for the granting of this exemption for those
36 years.

 

 

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1     When married persons maintain separate residences, the
2 exemption provided for in this Section may be claimed by only
3 one of such persons and for only one residence.
4     For taxable year 1994 only, in counties having less than
5 3,000,000 inhabitants, to receive the exemption, a person shall
6 submit an application by February 15, 1995 to the Chief County
7 Assessment Officer of the county in which the property is
8 located. In counties having 3,000,000 or more inhabitants, for
9 taxable year 1994 and all subsequent taxable years, to receive
10 the exemption, a person may submit an application to the Chief
11 County Assessment Officer of the county in which the property
12 is located during such period as may be specified by the Chief
13 County Assessment Officer. The Chief County Assessment Officer
14 in counties of 3,000,000 or more inhabitants shall annually
15 give notice of the application period by mail or by
16 publication. In counties having less than 3,000,000
17 inhabitants, beginning with taxable year 1995 and thereafter,
18 to receive the exemption, a person shall submit an application
19 by July 1 of each taxable year to the Chief County Assessment
20 Officer of the county in which the property is located. A
21 county may, by ordinance, establish a date for submission of
22 applications that is different than July 1. The applicant shall
23 submit with the application an affidavit of the applicant's
24 total household income, age, marital status (and if married the
25 name and address of the applicant's spouse, if known), and
26 principal dwelling place of members of the household on January
27 1 of the taxable year. The Department shall establish, by rule,
28 a method for verifying the accuracy of affidavits filed by
29 applicants under this Section. The applications shall be
30 clearly marked as applications for the Senior Citizens
31 Assessment Freeze Homestead Exemption.
32     Notwithstanding any other provision to the contrary, in
33 counties having fewer than 3,000,000 inhabitants, if an
34 applicant fails to file the application required by this
35 Section in a timely manner and this failure to file is due to a
36 mental or physical condition sufficiently severe so as to

 

 

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1 render the applicant incapable of filing the application in a
2 timely manner, the Chief County Assessment Officer may extend
3 the filing deadline for a period of 30 days after the applicant
4 regains the capability to file the application, but in no case
5 may the filing deadline be extended beyond 3 months of the
6 original filing deadline. In order to receive the extension
7 provided in this paragraph, the applicant shall provide the
8 Chief County Assessment Officer with a signed statement from
9 the applicant's physician stating the nature and extent of the
10 condition, that, in the physician's opinion, the condition was
11 so severe that it rendered the applicant incapable of filing
12 the application in a timely manner, and the date on which the
13 applicant regained the capability to file the application.
14     Beginning January 1, 1998, notwithstanding any other
15 provision to the contrary, in counties having fewer than
16 3,000,000 inhabitants, if an applicant fails to file the
17 application required by this Section in a timely manner and
18 this failure to file is due to a mental or physical condition
19 sufficiently severe so as to render the applicant incapable of
20 filing the application in a timely manner, the Chief County
21 Assessment Officer may extend the filing deadline for a period
22 of 3 months. In order to receive the extension provided in this
23 paragraph, the applicant shall provide the Chief County
24 Assessment Officer with a signed statement from the applicant's
25 physician stating the nature and extent of the condition, and
26 that, in the physician's opinion, the condition was so severe
27 that it rendered the applicant incapable of filing the
28 application in a timely manner.
29     In counties having less than 3,000,000 inhabitants, if an
30 applicant was denied an exemption in taxable year 1994 and the
31 denial occurred due to an error on the part of an assessment
32 official, or his or her agent or employee, then beginning in
33 taxable year 1997 the applicant's base year, for purposes of
34 determining the amount of the exemption, shall be 1993 rather
35 than 1994. In addition, in taxable year 1997, the applicant's
36 exemption shall also include an amount equal to (i) the amount

 

 

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1 of any exemption denied to the applicant in taxable year 1995
2 as a result of using 1994, rather than 1993, as the base year,
3 (ii) the amount of any exemption denied to the applicant in
4 taxable year 1996 as a result of using 1994, rather than 1993,
5 as the base year, and (iii) the amount of the exemption
6 erroneously denied for taxable year 1994.
7     For purposes of this Section, a person who will be 65 years
8 of age during the current taxable year shall be eligible to
9 apply for the homestead exemption during that taxable year.
10 Application shall be made during the application period in
11 effect for the county of his or her residence.
12     The Chief County Assessment Officer may determine the
13 eligibility of a life care facility that qualifies as a
14 cooperative to receive the benefits provided by this Section by
15 use of an affidavit, application, visual inspection,
16 questionnaire, or other reasonable method in order to insure
17 that the tax savings resulting from the exemption are credited
18 by the management firm to the apportioned tax liability of each
19 qualifying resident. The Chief County Assessment Officer may
20 request reasonable proof that the management firm has so
21 credited that exemption.
22     Except as provided in this Section, all information
23 received by the chief county assessment officer or the
24 Department from applications filed under this Section, or from
25 any investigation conducted under the provisions of this
26 Section, shall be confidential, except for official purposes or
27 pursuant to official procedures for collection of any State or
28 local tax or enforcement of any civil or criminal penalty or
29 sanction imposed by this Act or by any statute or ordinance
30 imposing a State or local tax. Any person who divulges any such
31 information in any manner, except in accordance with a proper
32 judicial order, is guilty of a Class A misdemeanor.
33     Nothing contained in this Section shall prevent the
34 Director or chief county assessment officer from publishing or
35 making available reasonable statistics concerning the
36 operation of the exemption contained in this Section in which

 

 

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1 the contents of claims are grouped into aggregates in such a
2 way that information contained in any individual claim shall
3 not be disclosed.
4     (d)  Each Chief County Assessment Officer shall annually
5 publish a notice of availability of the exemption provided
6 under this Section. The notice shall be published at least 60
7 days but no more than 75 days prior to the date on which the
8 application must be submitted to the Chief County Assessment
9 Officer of the county in which the property is located. The
10 notice shall appear in a newspaper of general circulation in
11 the county.
12     (e)  Notwithstanding Sections 6 and 8 of the State Mandates
13 Act, no reimbursement by the State is required for the
14 implementation of any mandate created by this Section.
15 (Source: P.A. 90-14, eff. 7-1-97; 90-204, eff. 7-25-97; 90-523,
16 eff. 11-13-97; 90-524, eff. 1-1-98; 90-531, eff. 1-1-98;
17 90-655, eff. 7-30-98; 91-45, eff. 6-30-99; 91-56, eff. 6-30-99;
18 91-819, eff. 6-13-00.)
 
19     (35 ILCS 200/15-175)
20     Sec. 15-175. General homestead exemption. Homestead
21 property is entitled to an annual homestead exemption limited,
22 except as described here with relation to cooperatives, to a
23 reduction in the equalized assessed value of homestead property
24 equal to the increase in equalized assessed value for the
25 current assessment year above the equalized assessed value of
26 the property for 1977, up to the maximum reduction set forth
27 below. If however, the 1977 equalized assessed value upon which
28 taxes were paid is subsequently determined by local assessing
29 officials, the Property Tax Appeal Board, or a court to have
30 been excessive, the equalized assessed value which should have
31 been placed on the property for 1977 shall be used to determine
32 the amount of the exemption.
33     The maximum reduction shall be $4,500 plus the additional
34 exemption provided in this paragraph, if applicable, in
35 counties with 3,000,000 or more inhabitants and $3,500 plus the

 

 

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1 additional exemption provided in this paragraph, if
2 applicable, in all other counties. For owners whose qualified
3 property has an assessed valuation that has increased by more
4 than 20% over the previous assessed valuation of that property,
5 there shall be an additional exemption of: $500 for owners with
6 a household income of $30,000 or more; $1,000 for owners with a
7 household income of $20,000 or more but less than $30,000; and
8 $1,500 for owners with a household income of less than $20,000.
9     In counties with fewer than 3,000,000 inhabitants, if,
10 based on the most recent assessment, the equalized assessed
11 value of the homestead property for the current assessment year
12 is greater than the equalized assessed value of the property
13 for 1977, the owner of the property shall automatically receive
14 the exemption granted under this Section in an amount equal to
15 the increase over the 1977 assessment up to the maximum
16 reduction set forth in this Section.
17     If in any assessment year beginning with the 2000
18 assessment year, homestead property has a pro-rata valuation
19 under Section 9-180 resulting in an increase in the assessed
20 valuation, a reduction in equalized assessed valuation equal to
21 the increase in equalized assessed value of the property for
22 the year of the pro-rata valuation above the equalized assessed
23 value of the property for 1977 shall be applied to the property
24 on a proportionate basis for the period the property qualified
25 as homestead property during the assessment year. The maximum
26 proportionate homestead exemption shall not exceed the maximum
27 homestead exemption allowed in the county under this Section
28 divided by 365 and multiplied by the number of days the
29 property qualified as homestead property.
30     "Homestead property" under this Section includes
31 residential property that is occupied by its owner or owners as
32 his or their principal dwelling place, or that is a leasehold
33 interest on which a single family residence is situated, which
34 is occupied as a residence by a person who has an ownership
35 interest therein, legal or equitable or as a lessee, and on
36 which the person is liable for the payment of property taxes.

 

 

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1 For land improved with an apartment building owned and operated
2 as a cooperative or a building which is a life care facility as
3 defined in Section 15-170 and considered to be a cooperative
4 under Section 15-170, the maximum reduction from the equalized
5 assessed value shall be limited to the increase in the value
6 above the equalized assessed value of the property for 1977, up
7 to the maximum reduction set forth above, multiplied by the
8 number of apartments or units occupied by a person or persons
9 who is liable, by contract with the owner or owners of record,
10 for paying property taxes on the property and is an owner of
11 record of a legal or equitable interest in the cooperative
12 apartment building, other than a leasehold interest. For
13 purposes of this Section, the term "life care facility" has the
14 meaning stated in Section 15-170.
15     "Household", as used in this Section, means the owner, the
16 spouse of the owner, and all persons using the residence of the
17 owner as their principal place of residence.
18     "Household income", as used in this Section, means the
19 combined income of the members of a household for the calendar
20 year preceding the taxable year.
21     "Income", as used in this Section, has the same meaning as
22 provided in Section 3.07 of the Senior Citizens and Disabled
23 Persons Property Tax Relief and Pharmaceutical Assistance Act,
24 except that "income" does not include veteran's benefits.
25     In a cooperative where a homestead exemption has been
26 granted, the cooperative association or its management firm
27 shall credit the savings resulting from that exemption only to
28 the apportioned tax liability of the owner who qualified for
29 the exemption. Any person who willfully refuses to so credit
30 the savings shall be guilty of a Class B misdemeanor.
31     Where married persons maintain and reside in separate
32 residences qualifying as homestead property, each residence
33 shall receive 50% of the total reduction in equalized assessed
34 valuation provided by this Section.
35     In all counties with more than 3,000,000 inhabitants, the
36 assessor or chief county assessment officer may determine the

 

 

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1 eligibility of residential property to receive the homestead
2 exemption and the amount of the exemption by application,
3 visual inspection, questionnaire or other reasonable methods.
4 The determination shall be made in accordance with guidelines
5 established by the Department, provided that the taxpayer
6 applying for an additional general exemption under this Section
7 shall submit to the chief county assessment officer an
8 application with an affidavit of the applicant's total
9 household income, age, marital status (and, if married, the
10 name and address of the applicant's spouse, if known), and
11 principal dwelling place of members of the household on January
12 1 of the taxable year. The Department shall issue guidelines
13 establishing a method for verifying the accuracy of the
14 affidavits filed by applicants under this paragraph. The
15 applications shall be clearly marked as applications for the
16 Additional General Homestead Exemption. In counties with fewer
17 than 3,000,000 inhabitants, in the event of a sale of homestead
18 property the homestead exemption shall remain in effect for the
19 remainder of the assessment year of the sale. The assessor or
20 chief county assessment officer may require the new owner of
21 the property to apply for the homestead exemption for the
22 following assessment year.
23 (Source: P.A. 90-368, eff. 1-1-98; 90-552, eff. 12-12-97;
24 90-655, eff. 7-30-98; 91-346, eff. 7-29-99.)
 
25     (35 ILCS 200/15-180)
26     Sec. 15-180. Homestead improvements. Homestead properties
27 that have been improved and residential structures on homestead
28 property that have been rebuilt following a catastrophic event
29 are entitled to a homestead improvement exemption, limited to
30 $30,000 per year through December 31, 1997, and $45,000
31 beginning January 1, 1998 and through December 31, 2003, and
32 $75,000 per year for that homestead property beginning January
33 1, 2004 and thereafter, in fair cash value, when that property
34 is owned and used exclusively for a residential purpose and
35 upon demonstration that a proposed increase in assessed value

 

 

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1 is attributable solely to a new improvement of an existing
2 structure or the rebuilding of a residential structure
3 following a catastrophic event. To be eligible for an exemption
4 under this Section after a catastrophic event, the residential
5 structure must be rebuilt within 2 years after the catastrophic
6 event. The exemption for rebuilt structures under this Section
7 applies to the increase in value of the rebuilt structure over
8 the value of the structure before the catastrophic event. The
9 amount of the exemption shall be limited to the fair cash value
10 added by the new improvement or rebuilding and shall continue
11 for 4 years from the date the improvement or rebuilding is
12 completed and occupied, or until the next following general
13 assessment of that property, whichever is later.
14     A proclamation of disaster by the President of the United
15 States or Governor of the State of Illinois is not a
16 prerequisite to the classification of an occurrence as a
17 catastrophic event under this Section. A "catastrophic event"
18 may include an occurrence of widespread or severe damage or
19 loss of property resulting from any catastrophic cause
20 including but not limited to fire, including arson (provided
21 the fire was not caused by the willful action of an owner or
22 resident of the property), flood, earthquake, wind, storm,
23 explosion, or extended periods of severe inclement weather. In
24 the case of a residential structure affected by flooding, the
25 structure shall not be eligible for this homestead improvement
26 exemption unless it is located within a local jurisdiction
27 which is participating in the National Flood Insurance Program.
28     In counties of less than 3,000,000 inhabitants, in addition
29 to the notice requirement under Section 12-30, a supervisor of
30 assessments, county assessor, or township or multi-township
31 assessor responsible for adding an assessable improvement to a
32 residential property's assessment shall either notify a
33 taxpayer whose assessment has been changed since the last
34 preceding assessment that he or she may be eligible for the
35 exemption provided under this Section or shall grant the
36 exemption automatically.

 

 

SB2112 Engrossed - 17 - LRB093 13600 SJM 18975 b

1     Beginning January 1, 1999, in counties of 3,000,000 or more
2 inhabitants, an application for a homestead improvement
3 exemption for a residential structure that has been rebuilt
4 following a catastrophic event must be submitted to the Chief
5 County Assessment Officer with a valuation complaint and a copy
6 of the building permit to rebuild the structure. The Chief
7 County Assessment Officer may require additional documentation
8 which must be provided by the applicant.
9 (Source: P.A. 89-595, eff. 1-1-97; 89-690, eff. 6-1-97; 90-14,
10 eff. 7-1-97; 90-186, eff. 7-24-97; 90-655, eff. 7-30-98;
11 90-704, eff. 8-7-98.)
 
12     Section 90. The State Mandates Act is amended by adding
13 Section 8.28 as follows:
 
14     (30 ILCS 805/8.28 new)
15     Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and
16 8 of this Act, no reimbursement by the State is required for
17 the implementation of any mandate created by the Senior
18 Citizens Assessment Freeze Homestead Exemption under Section
19 15-172 of the Property Tax Code.
 
20     Section 99. Effective date. This Act takes effect upon
21 becoming law.